Richard Baggallay
Sir Richard Baggallay | |
---|---|
Attorney-General for England and Wales | |
In office 20 April 1874 – 25 November 1875 | |
Monarch | Victoria |
Prime Minister | Benjamin Disraeli |
Preceded by | Sir John Burgess Karslake |
Succeeded by | Sir John Holker |
Lord Justice of Appeal | |
In office 1875 – on death Serving with others (by convention decisions are made in panel) | |
Personal details | |
Pronunciation | /ˈbæɡəliˌ-ɡli/ |
Born | 13 May 1816 Lambeth |
Died | 13 November 1888 Hove[1] | (aged 72)
Resting place | West Norwood Cemetery |
Nationality | British |
Political party | Conservative |
Spouse(s) | Marianne Lacy |
Alma mater | University of Cambridge: Gonville and Caius |
Baptism | 15 June 1816 St-Mary-at-Lambeth |
Acting in the capacity of his judicial office, official title: Lord Justice Baggallay Abbreviation: Baggallay LJ |
Sir Richard Baggallay PC (1816 – 1888) was a British barrister followed by Conservative Member of Parliament for eight years during which he served in the government over a year as Attorney-General for England and Wales. He was then appointed judge of the Court of Appeal where after eight years of service he is noted to have last taken part in a major decision which was to have broad effect in 1884.
Background and education[]
Baggallay was one of the sons of Richard Baggallay, of Stockwell, a member of the Merchant Taylors' Company and a significant warehouseman of the City of London (d.1870, will sworn at under £30,000).[1] He attended Gonville and Caius College, Cambridge where he graduated with a BA in 1839 followed by an MA in 1842.[2] He was called to the Bar, Lincoln's Inn, in 1843.
Political and legal career[]
Bagallay sat as a Conservative Party Member of Parliament (MP) for Hereford from 1865 to 1868.[3] He was knighted on 14 December 1868 after losing his seat, but was re-elected in 1870 as MP for Mid Surrey, holding the seat until 1875.[4] He served briefly as Solicitor-General under Benjamin Disraeli in 1868 and again in 1874, and as Attorney-General under Disraeli from 1874 to 1875. In 1875, he was sworn of the Privy Council[5] and appointed to the newly established Court of Appeal, where he served until his death in 1888.
Judgments[]
- Parker v South Eastern Railway [1877] 2 CPD 416 - English contract law on exclusion clauses holding that an individual cannot escape a contractual term by failing to read the contract, but that a party wanting to rely on an exclusion clause must take reasonable steps to bring it to the attention of the customer.
- The Household Fire and Carriage Accident Insurance Company (Limited) v Grant (1878–79) 4 Ex D 216 - Contract law concerning the "postal rule", and containing an important dissent by Bramwell LJ, who wished to dispose of it.
- Tamplin v James (1880) 15 Ch D 215 (CA), upholding a decision of Baggallay in the first instance; contract law concerning the availability of specific performance for a breach of contract induced by mistake.[6]
- Re Hallett's Estate (1880) 13 Ch D 696 - English trusts law concerning asset tracing, Baggallay LJ concurring with Fry LJ.
- Redgrave v Hurd (1881) 20 Ch D 1 - Contract law - misrepresentation, holding that a contract can be rescinded for innocent misrepresentation, even where the represent(ee) had the chance to verify the false statement; Baggallay concurring with Jessel MR.
- Hutton v West Cork Rly Co (1883) 23 Ch D 654 - UK company law case concerning the limits of a director's discretion to spend company funds for the (clear) benefit of non-shareholders without a shareholder vote; Baggallay dissenting from the decision of Cotton LJ and Bowen LJ.
- Smith v Land and House Property Corp (1884) 28 Ch D 7 - Contract law case - misrepresentation, holding that a statement of opinion can represent that one knows certain facts, and can amount to misrepresentation; Baggallay LJ concurring with Bowen LJ
Personal life[]
He married, on 25 February 1847, Marianne, youngest daughter of Henry Charles Lacy of Withdean Hall, Sussex, by whom he left children.[7]
In later years Baggallay suffered from poor health and died while convalescing at 10 Brunswick Square, Hove, Sussex. He was buried at South Metropolitan Cemetery at Norwood.
Legacy[]
Aside from certain of his judicial co-decisions and occasional dissents which proved to be of long importance - decisions of the Court of Appeal have binding authority unless and until reshaped at that level, above or by statute - his probate was re-sworn in 1890 leaving assets of £65,491 (equivalent to about £7,300,000 in 2019).[1] He left executors as his widow at 55 Queens Gate, South Kensington and three sons, who lived at their houses in Elm Park Road, Chelsea and Onslow Square.[1]
References[]
- ^ Jump up to: a b c d https://probatesearch.service.gov.uk Calendar of Probates and Administrations
- ^ Rigg, James McMullen (1901). Dictionary of National Biography (1st supplement). London: Smith, Elder & Co. .
- ^ Craig, F. W. S. (1989) [1977]. British parliamentary election results 1832–1885 (2nd ed.). Chichester: Parliamentary Research Services. pp. 150, 467. ISBN 0-900178-26-4.
- ^ Leigh Rayment's Historical List of MPs – Constituencies beginning with "S" (part 6)
- ^ "No. 24271". The London Gazette. 30 November 1875. p. 6033.
- ^ "Contract - General Principles - Remedies - Specific Performance and Injunctions - Specific Performance". The Laws of Australia. Thomson Reuters. 31 August 2006. pp. [7.9.1450].
- ^ Rigg 1901.
- Attribution
This article incorporates text from a publication now in the public domain: Rigg, James McMullen (1901). "Baggallay, Richard". Dictionary of National Biography (1st supplement). London: Smith, Elder & Co.
Sources[]
- Obituary, The Times, 14 November 1888
External links[]
- Hansard 1803–2005: contributions in Parliament by Sir Richard Baggallay
- 1816 births
- 1888 deaths
- Burials at West Norwood Cemetery
- Attorneys General for England and Wales
- Solicitors General for England and Wales
- Lords Justices of Appeal
- Conservative Party (UK) MPs for English constituencies
- UK MPs 1865–1868
- UK MPs 1868–1874
- UK MPs 1874–1880
- Members of the Privy Council of the United Kingdom
- Knights Bachelor
- Members of the Judicial Committee of the Privy Council
- Alumni of Gonville and Caius College, Cambridge
- People from Lambeth
- Lawyers from London